DAOD 5044-4, Family Violence

Table of Contents

1. Introduction
2. Definition
3. Overview
4. Operating Principles
5. CAF Response
6. Compliance and Consequences
7. Responsibilities
8. References

1. Introduction

Date of Issue: 2003-01-31

Date of Last Modification: 2025-05-01

Application: This DAOD is an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members) and a directive that applies to employees of the Department of National Defence (DND employees) who act as managers or supervisors of CAF members.

Supersession:

• CFAO 19-42, Family Violence and Abuse
• CANFORGEN 055/00, Family Violence in the Canadian Forces

Approval Authority: Chief of Military Personnel (CMP)

Enquiries: Administrative Response Centre (ARC)

2. Definition

family violence (violence familiale)

An abuse of power or abusive behaviour within a relationship of family, trust or dependency, or from someone with whom there is an intimate relationship.

Note 1 – Family violence includes a single act or a number of acts that form a pattern of abuse.

Note 2 – Family violence includes a child’s direct or indirect exposure to abusive conduct.

Note 3 – Family violence includes coercive conduct, destruction of property, emotional abuse, financial exploitation, harassment, homicide, injury to pets, neglect, physical assault, psychological abuse, sexual assault and threats. (Defence Terminology Bank Record number 43067)

3. Overview

Context

3.1 Family violence is a complex and destructive social phenomenon that has systemic and societal impacts and occurs throughout Canadian society. On an individual level, family violence is an extremely serious problem. It poses risk of immediate injury, pain and suffering. If ignored, family violence may become chronic and severe, and may cause long-term physical, psychological and spiritual harm, or, in extreme cases, death. Family violence can have serious consequences for affected persons and for those who witness the violence.

3.2 Canadian legal and public health messaging indicates that there are many forms of family violence in a range of relationships and contexts. It may include a single act of violence, or a number of acts that form a pattern of abuse including physical, sexual, emotional, financial and neglect. The following examples of various types of family violence include: intimate partner violence, injury to pets, elder abuse, destruction of property, violence motivated by perpetrators’ concepts of “honour” and forced marriage.

3.3 It is important to note that CAF members can be affected persons of family violence or alleged or actual perpetrators of family violence. 

3.4 Incidents of family violence involving CAF members can have a negative effect on:

1. operational readiness;
2. work performance; and
3. good order and discipline.

Commitments

3.5 The CAF has programs to promote the health and well-being of families of CAF members, foster community cohesion, assist in the prevention of family breakdown, help families in distress and break the cycle of family violence. To address family violence within the families of CAF members, the CAF is committed to:

1. preventing family violence through education and an understanding of the challenges relating to family violence;
2. establishing procedures for responding to reported incidents of family violence;
3. providing necessary support to CAF members who are affected by family violence and ensuring their safety; and
4. supporting rehabilitation, upholding the rights of the member who engaged in acts of family violence and restoring healthy family units where possible.

4. Operating Principles

Core Principles

4.1 The CAF policy on family violence is based on the following core principles:

1. the safety of affected persons is the primary concern;
2. family violence is not acceptable behaviour;
3. CAF leadership must play an active role in the prevention of family violence;
4. all reported incidents of family violence must be acted upon;
5. all possible assistance and support to affected persons are provided in a confidential and empathic manner with due regard to personal and family privacy and in accordance with the Privacy Act;
6. the importance of gender and power dynamics when responding to incidents of family violence is recognized;
7. confidentiality for all individuals involved in family violence cases, including affected persons, a CAF member who is alleged to have committed family violence, family members and those who reported the alleged incidents, is afforded to the maximum extent possible under the law;
8. counselling and support services will be offered to a CAF member who is an affected person or to one who is alleged to have committed family violence as appropriate; and
9. counselling and support services will also be available to the family through Military Family Services (MFS).

CAF Family Violence Advisory Committee

4.2 The CAF Family Violence Advisory Committee oversees all CAF activities related to family violence. The Committee reports to CMP and consists of the following members or their designates:

1. civilian representatives of spouses and common-law partners of CAF members;
2. family violence experts from the civilian community;
3. Canadian Forces Morale and Welfare Services (CFMWS) – Health Promotion and MFS;
4. Canadian Forces Provost Marshal;
5. Chaplain General;
6. Director General Health Services;
7. Sexual Misconduct Support and Resource Centre;
8. Chief Professional Conduct and Culture; and
9. other persons as CMP may consider appropriate.

Family Violence Advisory Team

4.3 The Family Violence Advisory Team (FVAT) is a team of local personnel that takes a multidisciplinary approach to support families and is therefore comprised of a range of local personnel, normally including medical personnel, chaplains, the Military Police (MP), CAF Health Services, Military Family Resource Centre (MFRC) staff, relevant health promotion staff, a chain of command representative, child welfare representatives, domestic violence staff and, as appropriate, professional health and social service workers from the civilian community. Each team has designated co-leads, normally the Health Services social worker and a MFRC representative who serve as the focal points for coordinating education and interventions in the matter of family violence. In locations where there is not a MFRC or Health Services Social Worker, a health promotion staff or chaplain may act as co-lead. The FVAT is accountable to base or wing Commanding Officers, MFS for funding, coordination, and official reporting, and the CAF Family Violence Advisory Committee. 

Note – MFS programs respect that military families come in all forms and self-define to include anyone of significance to CAF members. Services for families have different eligibility requirements to support those most directly affected by aspects of the military lifestyle, such as relocations, absences and injury or death. If no appropriate service is available, individuals and families will be connected to community services or resources by MFS or FVAT members.

Education

4.4 Education is a key component of the CAF family violence prevention strategy. Education promotes increased awareness of the challenges individuals may face related to family violence, reduces the tolerance for this type of behaviour, fosters appropriate responses to family violence and ensures that affected persons and their families are aware of the services available.

4.5 Base/wing commanders and commanding officers (COs) must ensure that CAF members and their families are provided with ongoing updates about information concerning the dynamics of family violence, its effects upon families and the resources available to assist them. This information may be distributed by:

1. unit briefings;
2. family days;
3. posters, flyers and pamphlets;
4. base/wing/unit newspaper articles;
5. base/wing/unit and Defence Intranet sites;
6. DND and CAF social media accounts;
7. displays; or
8. such other methods as considered appropriate.

4.6 The CAF must ensure that continuous professional education on family violence, including the specifics of domestic violence, gender dynamics, prevention and intervention strategies, is made available for medical personnel, chaplains, MP, MFRC staff, and other persons whose duties include responding to incidents of family violence.

Reserve Force Units

4.7 Base/wing commanders supporting Reserve units must ensure that the members of Reserve Force units have access to all information, guidance and publications related to family violence within the CAF.

Training

4.8 Within 90 days of assuming command base/wing commanders and COs must reach out to the FVAT for an initial consultation.

4.9 Following the initial consultation, base/wing commanders and COs are requested to schedule a time with the FVAT to be briefed on the dynamics of family violence, including:

1. indicators of family violence;
2. prevention activities; and
3. services available.

5. CAF Response

Immediate Action for CAF Members who are Affected by Family Violence 

5.1 A supervisor who learns that a CAF member is a person affected by family violence must:

1. immediately inform the MP or appropriate civilian police authority if they have reasonable grounds to believe that the imminent safety of an individual is at risk;
2. provide support and encourage the affected person to seek out further help through a recommendation to accept a referral to the FVAT co-leads or appropriate military or civilian service; and
3. inform the CO.

5.2 Upon becoming aware of an incident of family violence against a CAF member, a CO must:

1. work with the FVAT and ensure that the affected persons are informed about the full range of support options that may be available to them to ensure their well-being and safety; and
2. provide appropriate resources to the member such as information on the Canadian Forces Member Assistance Program and Sexual Misconduct Support and Resource Centre services for incidents of family violence of a sexual nature.
3. ensure that proper guidance and information are available to affected persons who are DND staff, military spouses or family members, so that they may receive civilian health care and police resources, as appropriate.

Immediate Action for CAF members who are Alleged to have Committed Family Violence

5.3 A supervisor who learns of an incident in which a CAF member is alleged to have committed family violence must:

1. immediately inform the MP or appropriate civilian police authority if they have reasonable grounds to believe that the imminent safety of an individual is at risk or a criminal offence has been committed;
2. immediately notify the local child welfare authorities if child abuse or neglect is alleged or suspected in accordance with applicable provincial laws;
3. direct that the CAF member contacts the health services co-lead of the FVAT; and
4. inform the CO. 

5.4 Upon becoming aware of an allegation that a CAF member in their unit has committed family violence, a CO must:

1. consult the unit legal advisor to obtain advice throughout the process and determine if the CAF or a civilian authority has jurisdiction in respect of the incident;
2. work with the FVAT and ensure that the affected persons and witnesses are informed about the full range of support options that may be available to them to ensure their well-being and safety;
3. ensure that the well-being and safety of the CAF member who is alleged to have committed family violence are considered and that they are informed about the full range of services that may be available to them and of their right to due process and procedural fairness;
4. consult with the Director Military Careers Administration (DMCA) on administrative actions and the application of remedial measures, as required; and
5. reach out to the local policing authority, as required. 

Note 1 – If the affected persons belong to a different unit, notification of each affected person’s CO will be conducted in accordance with established MP procedures.

Note 2 – Should any incidents of family violence occur in the workplace, please refer to DAOD 5014-0, Workplace Harassment and Violence Prevention, and DAOD 9005-1, Sexual Misconduct Response, if applicable.

Follow-up

5.5 Any follow-up must be conducted by the individual assigned by the CO or FVAT who provided support.

Administrative Action

5.6 In consultation with the unit legal advisor, the CO must determine whether any administrative action or sanctions are appropriate in accordance with applicable regulations and orders with respect to a CAF member who is alleged to have committed family violence.

5.7 In taking any administrative action, the CO must take into account the best interests of the family, the CAF member and the CAF, and must consult with:

1. the FVAT; and
2. the unit legal advisor.

Note – A CO may consult with DMCA on potential administrative actions if a CAF member is alleged to be the perpetrator of family violence.

6. Compliance and Consequences

Compliance

6.1 CAF members must comply with this DAOD. Should clarification of the policies or instructions set out in this DAOD be required, CAF members may seek direction through their channel of communication or chain of command, as appropriate. Managers and military supervisors have the primary responsibility for and means of ensuring the compliance of their CAF members with this DAOD.

Consequences of Non-Compliance

6.2 CAF members are accountable to their respective managers or military supervisors for any failure to comply with the direction set out in this DAOD. Non-compliance with this DAOD may have consequences for both the DND and the CAF as institutions, and CAF members as individuals. Suspected non-compliance may be investigated. Managers and military supervisors must take or direct appropriate corrective measures if non-compliance with this DAOD has consequences for the DND or the CAF. The decision of an L1 or other senior official to take action or to intervene in a case of non-compliance, other than in respect of a decision under the Code of Service Discipline regarding a CAF member, will depend on the degree of risk resulting from the non-compliance and other circumstances of the case.

6.3 The nature and severity of the consequences resulting from non-compliance should be commensurate with the circumstances of the non-compliance and other relevant circumstances. Consequences of non-compliance may include one or more of the following:

1. the ordering of the completion of appropriate training or education;
2. the entering of observations in individual performance evaluations;
3. increased reporting and performance monitoring;
4. the withdrawal of any authority provided under this DAOD to a CAF member;
5. the reporting of suspected offences to responsible law enforcement agencies;
6. the application of specific consequences as set out in applicable laws, codes of conduct, and DND and CAF policies and instructions;
7. other administrative or disciplinary action, or both, for a CAF member; and
8. the imposition of liability on the part of His Majesty in right of Canada, and CAF members.

7. Responsibilities

Responsibility Table

7.1 The following table identifies the responsibilities associated with this DAOD:

8. References

Acts, Regulations, Central Agency Policies and Policy DAOD

• Criminal Code
• Privacy Act
• QR&O 19.61, Certificate of Conviction
• Work Place Harassment and Violence Prevention Regulations
• Canadian Occupational Health and Safety Regulations

Other References

• DAOD 5044-1, Families
• DAOD 2008-3, Issue and Crisis Management
• DAOD 5012-0, Harassment Prevention and Resolution
• DAOD 5014-0, Workplace Harassment and Violence Prevention
• DAOD 5017-0, Mental Health
• DAOD 5019-2, Administrative Review
• DAOD 5019-4, Remedial Measures
• DAOD 9005-1, Sexual Misconduct Response
• CFAO 15-2, Release - Regular Force
• CF H Svcs Gp Inst 5020-20, Disclosure of Personal Health Information
• CANFORGEN 099/24, Repeal of the Duty to Report Regulations
• CANFORGEN 039/08, Disclosure of Medical/Social Work Info to Commanding Officers
• About Family Violence, Department of Justice
• CF Member Assistance Program
• Chief of the Defence Staff Guidance to Commanding Officers and Their Leadership Teams
• Contact the Canadian Forces Military Police Group
• Employee Assistance Program
• Family Violence: Supervisor’s Guide
• Find family violence and resources and services in your area
• Get help with family violence
• Sexual Misconduct Support and Resource Centre
• Victims and Survivors of Service Offences
• Workplace Harassment and Violence Prevention Assessment Guide
• Workplace Harassment and Violence Prevention Policy Manual
• Preventing and responding to family violence in the workplace: Chain of Command/Manager’s Guide
• How to report an occurrence of workplace harassment and violence